Forbearance Procedural Rules

47 C.F.R. § 1.53 Separate pleadings for petitions for forbearance.In order to be considered as a petition for forbearance subject to the one-year deadline set forth in 47U.S.C. 160(c), any petition requesting that the Commission exercise its forbearance authority under 47U.S.C. 160 shall be filed as a separate pleading and shall be identified in the caption of such pleading as apetition for forbearance under 47 U.S.C. 160(c). Any request which is not in compliance with this rule isdeemed not to constitute a petition pursuant to 47 U.S.C. 160(c), and is not subject to the deadline setforth therein.

47 C.F.R. § 1.54 Petitions for forbearance must be complete as filed.(a) Description of relief sought. Petitions for forbearance must identify the requested relief, including:

(1) Each statutory provision, rule, or requirement from which forbearance is sought.(2) Each carrier, or group of carriers, for which forbearance is sought.(3) Each service for which forbearance is sought.(4) Each geographic location, zone, or area for which forbearance is sought.(5) Any other factor, condition, or limitation relevant to determining the scope of the requestedrelief.

(b) Prima facie case. Petitions for forbearance must contain facts and arguments which, if true andpersuasive, are sufficient to meet each of the statutory criteria for forbearance.

(1) A petition for forbearance must specify how each of the statutory criteria is met with regard toeach statutory provision or rule, or requirement from which forbearance is sought.(2) If the petitioner intends to rely on data or information in the possession of third parties, thepetition must identify:

(i) The nature of the data or information.(ii) The parties believed to have or control the data or information.(iii) The relationship of the data or information to facts and arguments presented in thepetition.

(3) The petitioner shall, at the time of filing, provide a copy of the petition to each third partyidentified as possessing data or information on which the petitioner intends to rely.

(c) Identification of related matters. A petition for forbearance must identify any proceeding pendingbefore the Commission in which the petitioner has requested, or otherwise taken a position regarding,relief that is identical to, or comparable to, the relief sought in the forbearance petition. Alternatively, thepetition must declare that the petitioner has not, in a pending proceeding, requested or otherwise taken aposition on the relief sought.(d) Filing requirements. Petitions for forbearance shall comply with the filing requirements in § 1.49.

(1) Petitions for forbearance shall be emailed to forbearance@fcc.gov at the time for filing.(2) All filings related to a forbearance petition, including all data, shall be provided in asearchable format. To be searchable, a spreadsheet containing a significant amount of data mustbe capable of being manipulated to allow meaningful analysis.

(e) Contents. Petitions for forbearance shall include:

(1) A plain, concise, written summary statement of the relief sought.(2) A full statement of the petitioner’s prima facie case for relief.(3) Appendices that list:

(i) The scope of relief sought as required in § 1.54(a);(ii) All supporting data upon which the petition intends to rely, including amarket analysis; and(iii) Any supporting statements or affidavits.

(f) Supplemental information. The Commission will consider further facts and arguments entered into therecord by a petitioner only:

(1) In response to facts and arguments introduced by commenters or opponents.(2) By permission of the Commission.

47 C.F.R. § 1.55 Public notice of petitions for forbearance.(a) Filing a petition for forbearance initiates the statutory time limit for consideration of the petition.(b) The Commission will issue a public notice when it receives a properly filed petition for forbearance.The notice will include:

(1) A statement of the nature of the petition for forbearance.(2) The scope of the forbearance sought and a description of the subjects and issues involved.(3) The docket number assigned to the proceeding.(4) A statement of the time for filing oppositions or comments and replies thereto.

47 C.F.R. § 1.56 Motions for summary denial of petitions for forbearance.(a) Opponents of a petition for forbearance may submit a motion for summary denial if it can be shownthat the petition for forbearance, viewed in the light most favorable to the petitioner, cannot meet thestatutory criteria for forbearance.(b) A motion for summary denial may not be filed later than the due date for comments and oppositionsannounced in the public notice.(c) Oppositions to motions for summary denial may not be filed later than the due date for replycomments announced in the public notice.(d) No reply may be filed to an opposition to a motion for summary denial.

47 C.F.R. § 1.57 Circulation and voting of petitions for forbearance.(a) If a petition for forbearance includes novel questions of fact, law or policy which cannot be resolvedunder outstanding precedents and decisions, the Chairman will circulate a draft order no later than 28days prior to the statutory deadline, unless all Commissioners agree to a shorter period.(b) The Commission will vote on any circulated order resolving a forbearance petition not later than sevendays before the last day that action must be taken to prevent the petition from being deemed granted byoperation of law.

47 C.F.R. § 1.58 Forbearance petition quiet period prohibition.The prohibition in § 1.1203(a) on contacts with decisionmakers concerning matters listed in the SunshineAgenda shall also apply to a petition for forbearance for a period of 14 days prior to the statutory deadlineunder 47 U.S.C. 160(c) or as announced by the Commission.

47 C.F.R. § 1.59 Withdrawal or narrowing of petitions for forbearance.(a) A petitioner may withdraw or narrow a petition for forbearance without approval of the Commissionby filing a notice of full or partial withdrawal at any time prior to the end of the tenth business day afterthe due date for reply comments announced in the public notice.(b) Except as provided in paragraph (a) of this section, a petition for forbearance may be withdrawn, ornarrowed so significantly as to amount to a withdrawal of a large portion of the forbearance relieforiginally requested by the petitioner, only with approval of the Commission.

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